Florida Laws on Alcohol Possession by Minors

Under Florida Statute 562.111, it is illegal for minors (individuals under 21) to possess or consume alcohol. This includes possession of alcohol in any form—whether on their person, in their vehicle, or in a public place. Additionally, minors who are found with alcohol in their system can also be charged under zero-tolerance laws while driving.

Common situations leading to alcohol possession charges for minors include:

Underage Drinking at Parties:

Minors caught drinking at social gatherings, house parties, or public events can face possession charges, especially if law enforcement is called to the scene.

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Possession of Alcohol in Public:

Minors found with alcohol in public places, such as parks or beaches, can face charges for alcohol possession.

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Minor in Possession in a Vehicle:

If a minor is found with alcohol in their car, they can face criminal charges, even if the alcohol wasn’t consumed.

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Penalties for Alcohol Possession by Minors

The consequences for alcohol possession by a minor can be serious and vary depending on whether the minor has any prior offenses. Potential penalties include:

Fines:

First-time offenders can face fines of up to $500. Repeat offenders may face higher fines and harsher penalties.

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Community Service:

Courts often assign minors to complete community service hours as part of their sentence.

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Driver’s License Suspension:

For minors found guilty of alcohol possession, the court may suspend their driver’s license for 6 months for a first offense and up to 1 year for subsequent offenses.

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Criminal Record:

Even though alcohol possession by a minor is often considered a misdemeanor, a conviction can result in a permanent criminal record, which may impact future educational and employment opportunities.

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Probation:

Minors may be placed on probation, with requirements such as attending school regularly, avoiding further legal trouble, and possibly completing alcohol education or rehabilitation programs.

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Zero Tolerance Law for Underage Drinking and Driving

Florida has a zero-tolerance policy when it comes to minors driving under the influence of alcohol. Any minor found with a Blood Alcohol Content (BAC) of 0.02% or higher while driving can face immediate license suspension, even if they are not legally impaired. This is equivalent to consuming just one drink.

Penalties for underage drinking and driving may include:

Immediate Driver’s License Suspension:

A minor's license can be suspended for 6 months for a first offense, with 1-year suspensions for subsequent offenses.

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Fines and Court Costs:

Underage DUI charges can lead to fines, mandatory court appearances, and potentially higher insurance premiums.

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Defending Against Alcohol Possession by Minors

At William John DiPetrillo & Associates , we take a compassionate and strategic approach to defending minors against alcohol-related charges. We understand the importance of protecting your child’s future and strive to minimize the impact of the charges.

Common defense strategies include:

Lack of Knowledge:

In some cases, minors may not have been aware that alcohol was in their possession, such as when they are in a vehicle or house where alcohol is present.

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Unlawful Search:

If law enforcement conducted an illegal search to obtain evidence, we may be able to have the charges dismissed.

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Mistaken Identity:

In situations involving large gatherings, minors may be wrongfully accused of possessing or consuming alcohol due to confusion or mistaken identity.

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Diversion Programs:

For first-time offenders, we may be able to negotiate for participation in a diversion program, which can result in the dismissal of charges upon successful completion. This keeps the offense off your child’s record.

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Why Legal Representation is Essential for Minors

A conviction for alcohol possession or underage drinking can have a serious impact on a minor’s future, from educational opportunities to future employment. At William John DiPetrillo & Associates , we work to have charges reduced or dismissed, and in many cases, we pursue diversion programs that focus on education and rehabilitation rather than punishment.